Labor Code - Atty. Duka (Pt.
2)
Tags Done
Date @October 24, 2023
Workers Not Covered by the Labor Code (Art. 6)
Government employees (Art. 291)
Government employees must be covered by the Civil Service Law
If Government-owned and controlled corporation (GOCC) without original charter =
Labor Code
GOCC with original charter = Civil Service Law
Employees of international organizations
they might be immune from suit
only those granted immunity under the treaty
Employees of Local Water Districts
they are quasi-GOCCs
created by P.D. 198
Civil Service covered
Corporate Officers
three types:
President
Secretary
Treasurer of the corporation
they are still entitled to the benefits according to the Magna Carta for Women
Vice President
is not considered as a corporate officer
Labor Code - Atty. Duka (Pt. 2) 1
they must have a designation in their corporation constitution and by-laws that they
are considered corporate officers
License and Authority
License is a document issued by the Secretary of the Department authorizing a natural or
juridical person or entity to operate a private recruitment or manning agency
Recruitment Agency
refers to a natural or juridical person duly licensed by the Secretary of the Department to
engage in recruitment and placement of land-based OFWs
Manning Agency
for the recruitment of seafarers
Illegal Recruitment
initiation of recruitment and placement activities without a license
Economic Sabotage
when it is syndicated or in large-scale
Syndicated
three or more persons conspiring or confederating with one another
Large-scale
committed against three or more persons recruited individually or as a group
Simple illegal recruitment = imprisonment 12 years and 1 day to 20 years
Economic Sabotage = life imprisonment
fine of P2M to P5M
the maximum penalty shall be imposed if the person illegally recruited is less than 18
years of age or committed by a non-licensee or non-holder of authority
Labor Code - Atty. Duka (Pt. 2) 2
Employment Permit of Non-resident Aliens
aliens are not supposed to be working in the Philippines
exception:
if there are no Filipinos that are competent, able, and willing at the time of application
to perform the services for which the alien is desired
Application for Employment Permit
Curriculum vitae
employment contract
designation by the employer of at least two understudies for every alien worker for
transfer of technology
Apprentice vs Learner
Apprentice
Apprenticeable occupation
3 to 6 months of training
deductibility of training cost
compensation of not less than 75% of the minimum wage
possibility of no compensation
requirement for their graduation or board examination provided by the curriculum
no commitment to hire the apprentice
Learner
semi-skilled, non-apprenticeable occupation
learnership not to exceed 3 months
no experienced workers available
compensation of not less than 75% of the minimum wage
Labor Code - Atty. Duka (Pt. 2) 3
commitment to hire the learner
if dismissed illegally - treated as regular employee (Art. 75)
Field Personnel
non-agricultural employee who performs their task away from the employee’s premises and
whose actual hours of work in the field cannot be determined with reasonable certainty
No work, No pay Policy
fair day’s wage for a fair day’s labor
if there is no work performed by the employee, there can be no wage
Overtime Work and Pay
work rendered after normal 8 hours of work is called overtime work
overtime work
additional compensation for work performed beyond 8 hours
depends on what kind of pay the overtime work is performed
ordinary day = 25% additional on an hourly rate
holiday, rest day, or special holiday = 30% additional to hourly rate
Premium Pay
additional compensation required by law for work performed within 8 hours on non-working
days, such as rest days and special days (Art. 91; Art. 93)
at least 30% premium pay
Special holiday and rest day = 50% premium pay on the firts 8 hours
Art. 88 - Undertime Not Offset by Overtime
Labor Code - Atty. Duka (Pt. 2) 4
Undertime work on any particular day shall not be offset by overtime on any other day
agreement by parties cannot be superceded by the expressed provisions of the Labor Code
Art. 91 - Right to weekly rest day
After six consecutive days of work, an employee is entitled to 24 consecutive hours of rest
when working on a rest day, there is a compensation of at least 30%
when working on a holiday that falls on the employee’s rest day, there is a compensation of
at least 50%
Special Holidays (RA 9492)
Nationwide Special Holidays
All Saints Day - Nov. 1
Last Day of the Year - Dec. 31
Ninoy Aquino Day - Monday nearest August 21
Immaculate Concepcion Day - December 8
Presidential Proclamation
Chinese New Year
EDSA Day - February 25
Black Saturday
All Souls Day - November 2
December 24
Right to Holiday pay
Special holiday
30% or 50% if falling on a rest day
Regular holiday
Labor Code - Atty. Duka (Pt. 2) 5
no work = gets paid 100%
if worked = gets paid 200%
two regular holidays falling on the same day
at least 200% even if unworked
300% if employee is required to work
holiday falls on rest day of the employee
if unworked = 100%
if worked = 230% (+ premium pay for rest day)
Holidays
New Year’s Day - January 1
Maundy Thursday to Good Friday
Araw ng Kagitingan - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
Eidul Fitr
Eidul Adha
Bonifacio Day
Christmas Day
Rizal Day
the day designated by law for holding a general election
Service Charges
establishments like hotels and restaurants that collect service charges shall completely and
equally distribute these charges among the covered employees except managerial employees
Labor Code - Atty. Duka (Pt. 2) 6
when service charge is discontinued, the share of the employee shall be integrated into the
salary - paid by EMPLOYER
Supplements
extra remuneration or special privileges or benefits given to or received by the laborers
shall not be deducted from the wage of the workers
Facilities
items of expense necessary for the laborer’s and family’s existence and subsistence so that
by express provision of the law they form part of the wage and when furnished by the
employer are deductible
Company Practice
no diminution of benefits
no specific rule specifying number of years that a company practice must be exercised in
order to constitute coluntary company practice
Job Contracting
Job contractor
has the ff. compliance:
carries a distinct and independent business
has substantial capital or investment
agreement between principal and contractor assures contractual employee’s
entitlement to all labor and occupational safety and health standards, free exercise
of the right to self-organization, and social welfare benefits
Independent Contractor
they offer their services
Labor Code - Atty. Duka (Pt. 2) 7
Labor-Only Contractor
prohibited
no law or any policy penalizing them
does not have substantial capital or investment in the form of tools, equipment,
machineries, work premises, among others
workers recruited and placed by such person are performing activities which are directly
related to the principal business of such employer
General Rule:
the presumption is that a contractor is presumed to be a labor-only contractor,
unless they overcome the burden of proving that it has capital (not less than P5M),
investment, tools, etc.
Wage Distortion
situation in which increase in prescribed wage rates results in the elimination or severe
contraction of intentional quantitative differences in wages between and among groups of
employees
RWB issuing a wage order increases the wage of minimum wage earners ONLY not across
the board
Visitorial and Enforcement Power
acess to employer’s records and premises at any time of the day or night whenever work is
being undertaken
right to copy, to question any employee and investigate anything necessary to determine
violations
Recovery of wages, simple money claims, and other benefits
Jurisdiction of Regional Director
claim must arise from employer-employee relationship
Labor Code - Atty. Duka (Pt. 2) 8
the claimant is no longer employed and not seeking reinstatement
aggregate amount does not exceed P5,000
Protection for Women
VAWC law is constitutional
all businesses shall provide ‘sitting breaks’ for both male and female workers; women are
not oblighed to wear high heels
Sexual Harassment
prohibits all forms of sexual harassment in the workplace, edication, or training environment
workplace
committed when sexual favor is made as a condition for employment, promotion,
continued employment, and other privileges
abuse of power or authority
not necessary that there was an offer for sex for there to be a sexual harassment case
superior’s underpinnings which offends the victim or creates a hostile environment
would suffice
essence or sexual harassment is not the violation of the victim’s sexuality, but the abuse
of power by the offender
three-fold liability:
criminal
civil
administrative
even men can be victims of sexual harassment
Safe Spaces Act
employers have the duty to institute programs or policies taht will prevent, deter, or
punish the performance of acts of gender-based sexual harassment in the workplace
Labor Code - Atty. Duka (Pt. 2) 9
if they do not do that, employers are held liable
fine = P5,000 to P15,000
Solo Parent Welfare Act (R.A. 11861)
parental leave of not more than seven working days every year
granted to any solo parent employee who has rendered at least 1 year of service
can be continuous or periodic
Maternity Leave Benefits
granted 105 days with full pay
may be extended for 30 days, but no pay
regardless if married or not
if solo parent = 120 days paid leave
extended for 30 days, but without pay
this is unlimited
Miscarriage
60 days paid leave
any female worker entitled to maternity leave benefits may allocate up to 7 days of said
benefit to the child’s father whether or not the same is married to the female worker
written notice to employers of the female caregiver and alternate caregiver
if the female worker dies or is permanently incapacitated, maternity leave benefits shall
accrue to the father of the child or qualified caregiver
Penalties
6 to 12 years impisonment
fine of 60l to 120k pesos
Labor Code - Atty. Duka (Pt. 2) 10
Paternity Leave
7 days leave for each delivery for the first 4 deliveries
continues to earn compensation
if paternity leave is not availed, it is not convertible to cash
must be cohabiting with his legal wife
Magna Carta of Women
dismissal for pregnancy out of wedlock is prohibited and is not a form of immorality or
disgraceful conduct
dismissal of pregnant women is prohibited
women having surgery for gynecological disorders
having rendered service of at least 6 months for the past year
entitled to 2 months leave with full pay
both private and public sector
there must be equal rights - elimination of discrimination
Labor Code - Atty. Duka (Pt. 2) 11
